Court No. - 33
Case :- WRIT - A No. - 49059 of 2017 Petitioner :- Manish Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brijesh Kumar Verma,Anubhav Dwivedi,Ravindra Kumar Pandey Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Awadhesh Kumar,Swapnil Srivastava
Hon'ble Alok Mathur,J.
Heard Mr. Ravindra Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Mr. Awadhesh Kumar, learned counsel for the respondent No.5.
It has been submitted that father of the petitioner died on 16.04.2012, who was working on the post of Assistant Teacher. The petitioner applied for being appointed under the dying in harness Rules and was appointed on the post of Peon on 30.08.2017 and is continuing on the said post.
The grievance of the petitioner is that he is entitled to be appointed on the post of Clerk in light of the Government Order dated 22.01.2014 which has been annexed by him as Annexure No.12 to this writ petition. He has submitted that by means of the aforesaid order, it has been provided that a person can be appointed to the post where the essential requirement is knowledge in computer and typing and in case a person is appointed against such posts then he will have to obtain within one year the requisite qualification.
Learned counsel for the petitioner confines his prayer that suitable directions may be issued to the respondents to decide his application/representation moved by him before the competent authority, in light of Government Order dated 22.01.2014.
Looking to the innocuous prayer made by the learned counsel for the petitioner, it is directed that petitioner shall be at liberty to move an application before the competent authority within a period of two weeks from today and on receipt of which application, the said representation/application shall be duly forward by respondent No.5 to the competent authority who shall take a decision on the same within a period of two months by means of a reasoned and speaking order in accordance with law and the order so passed be communicate to the petitioner.
With the aforesaid, the writ petition stands disposed of.
Order Date :- 29.11.2019 A. K. Singh